- Key Takeaways
- Do I Need an Alimony Attorney?
- Is Receiving Alimony Part of the Divorce Process?
- Reducing Your Exposure to Spousal Maintenance:
- What Disqualifies the Husband From Alimony?
- Are There Different Types of Alimony?
- Why Men Partner With Cordell & Cordell
- Divorcing and Want to Know Your Options? Contact Our Office.
- Frequently Asked Questions
Spousal Support Lawyer
- Key Takeaways
- Do I Need an Alimony Attorney?
- Is Receiving Alimony Part of the Divorce Process?
- Reducing Your Exposure to Spousal Maintenance:
- What Disqualifies the Husband From Alimony?
- Are There Different Types of Alimony?
- Why Men Partner With Cordell & Cordell
- Divorcing and Want to Know Your Options? Contact Our Office.
- Frequently Asked Questions
Key Takeaways
- Alimony is not always applied in every divorce case, and most states will only consider it if petitioned.
- While alimony is commonly thought of as payments a husband makes to a former spouse, men can be entitled to receive alimony too.
- Alimony often comes in three forms: temporary, permanent, and short-term alimony.
- A divorce lawyer with extensive experience as a family law attorney is invaluable in a divorce case involving the prospect of alimony payments.
Alimony is often one of the most contentious issues in a divorce. Not only is it a source of potential financial stress, but the mere prospect of it can cause anguish and confusion. Many men going through the divorce process find themselves confused by the complexities of alimony and whether or not they will have to set aside a portion of their finances to give away for the foreseeable future.
Men may be entitled to alimony payments, but that is so far outside of the typical expectation that far too many men and fathers don’t even consider it. Finding the best solution for you and your children can be difficult, which is why it is ideal to have a divorce attorney by your side. Take a look at how they can help represent men in the complex world of spousal maintenance and alimony.
Do I Need an Alimony Attorney?
An alimony attorney can only benefit your predicament. Each state tends to have its own rules about how alimony works, so you will need someone who can offer experience working in your location. At Cordell & Cordell, we have alimony attorneys with experience working in many states and we can advocate for your needs.
Is Receiving Alimony Part of the Divorce Process?
Whether or not alimony is part of the divorce process depends on the state. In many states, alimony is not even considered unless one of the parties involved specifically asks for it. Divorce cases often involve child custody, marital property distribution, and child support; but alimony is less often an issue.
Reducing Your Exposure to Spousal Maintenance:
If the divorce is not going to occur for some time, the husband should consider the following actions to reduce his exposure to alimony:
- Reduce the current household expenses;
- If the parties have separated, establish a precedent of the wife supporting her own needs with little or no financial support from the husband;
- Reduce debt;
- Help get the wife a job or more education;
- Maximize your time with the children;
- Investigate marital misconduct;
- Don’t engage in marital misconduct;
- Allow a temporary disability to improve; and
- If income is trending down, it would make sense in holding off the divorce to use a lower income in calculating spousal maintenance.
What Disqualifies the Husband From Alimony?
Since alimony is designed to balance the financial situation of both parties, the husband may be disqualified to receive alimony for a range of reasons related to a superior financial standing. In general, the husband can only be qualified for alimony in the first place if the wife has a greater financial standing that was used to support the husband during the marriage. Additional disqualifications for receiving alimony or continuing to receive alimony once awarded include the following.
- Getting a higher paying job
- Marital misconduct
- Remarriage
Are There Different Types of Alimony?
Yes, there are generally three different types of alimony to consider.
Temporary
Temporary alimony is the kind of alimony that is applied for before the divorce is finalized. It is designed to provide financial support during the divorce process itself and is typically granted to the lower-earning spouse.
Permanent
Permanent alimony is an alimony agreement that is applied after the divorce is finalized. Despite being known as permanent alimony, it does not necessarily last forever. Certain factors can end alimony payments, such as the recipient getting remarried or getting a higher-paying job.
Short-Term
Short-term alimony, also known as rehabilitative alimony, is designed to cover the interim period between the divorce and the lower-earning spouse getting the skills and qualifications necessary to get a higher-paying job, or in some cases, any job at all.
Why Men Partner With Cordell & Cordell
At Cordell & Cordell, our team advocates for men and fathers in family law matters, including divorce cases involving alimony payments. Our professionals can help you determine whether you will have to pay alimony and discover if you may be eligible to receive alimony payments. With a robust attorney-client relationship and an aggressive approach to cases, you can approach your divorce with confidence knowing an experienced divorce attorney is by your side. Take a look at what some of our former clients had to say about our services.
“[My attorney] was […] amazing! She listened to everything I needed and wanted, she was always quick to respond and extremely helpful to someone who had no clue what the process was! She moved quickly, saving me time and money! I only wish she was the first attorney I got because she closed my case out so fast after years of trying with other attorneys! She made the process so easy for me even while I was deployed to Kuwait halfway around the world! If I ever need anything in the future, I’m asking for her directly, because she gets stuff done! Absolutely wonderful experience with her! I can’t thank her enough for everything she did for me and getting me my deserved time with my children!” — Justin S.
“With everything that is happening, they always treat me with respect and kindness especially on the phone. It’s appreciated very much.” — RM
Divorcing and Want to Know Your Options? Contact Our Office.
Cordell & Cordell focuses on advocating for men and fathers going through divorce cases who are dealing with the issue of alimony. To approach your case with confidence and protect your future and your children, get in touch with our spousal support attorneys at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation.
Frequently Asked Questions
Alimony, or spousal support, is a payment from one spouse to another during divorce proceedings. It is intended to help assist a spouse who did not work during the marriage or earns less to provide for their financial needs. The lower-income spouse may request payments or be granted payments by a judge upon request during the divorce proceedings. State laws determine how alimony works and its requirements.
The general standard in most locations holds that spousal maintenance can be awarded if the spouse lacks sufficient property, including marital property apportioned to her to provide for her reasonable needs and expenses and is unable to support herself through appropriate employment.
Generally, there are designated factors that the court has to consider in determining whether or not to order a party to pay alimony.
Courts usually consider the following when determining spousal maintenance or spousal support, though, of course, these vary by state so be sure to consult with a local, licensed attorney:
- Length of the marriage;
- Age and health of the parties;
- Division of property;
- Education level of each party at the time of the marriage and at the time the action is commenced;
- Earning capacity of the parties;
- Feasibility that the party seeking alimony/maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage and the time needed to achieve this goal;
- Tax consequences to the parties;
- Pre-marital and post-marital agreements;
- Contribution of one party to the education, training or increased earning power of the other;
- Conduct of the partner;
- And any other facts as the court may determine to be relevant.
Once the court determines that a party is entitled to alimony, the court then determines how much the person should receive per month and how long he or she should receive it.
Related Article: How Is Alimony Determined?
Spousal support awards vary from state to state.
There is a high level of inconsistency in spousal support awards because most state statutes do not address specifically how the award should be calculated. In fact, in some jurisdictions, it can be difficult to predict what the spousal support would be because there are no guidelines.
Working with an attorney can provide you with a better idea of spousal support calculations.
Related Article: How To Calculate Alimony
There are myriad other reasons that may terminate or reduce alimony, but the basic idea is that if there is no longer a need for support, then you can argue that it should be terminated. In general, support will likely stop upon the receiving party getting remarried, cohabitating with another individual in a marriage-like relationship, or dying.
Related Article: How Do I Terminate My Alimony Payments?
Spousal maintenance can be ordered as short-term support to aid the ex-spouse in becoming self-sufficient, or lifetime support of a spouse who has a limited earning ability or who is unemployable. The framework of the initial alimony decision is critical to whether the support obligation is subject to termination.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
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